Horton v. Cutler

This is a proceeding via exeeutiva to enforce the payment of a note for forty-eight hundred and fifty dollars with interest, *332secured by special mortgage on certain property in the city oí New Orleans'. The act of mortgage contains the clause de non alienando. The defendant being absent, a curator was appointed to represent him. Otto Thoman, the intervenor, enjoined the execution of the process on several grounds:

First — That he is the bona fide owner of the property upon which the mortgage was sought to be enforced, having bought it from G. Marks, by act before A. Pitot, notary, on the…